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(영문) 전주지방법원 2018.02.22 2017고단2576
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who acquired a vehicle by fraud is at the D coffee shop located in the Dac shop located in around 10 May 10, 2016, to G that was entrusted with the sale and purchase of the Ferti vehicle owned by the victim E, “a vehicle needs to be used to carry out a funeral, and the said Do payment is paid on the face of the State by delivering the said Doc vehicle instead of 1 to 2 months, and then paying KRW 9 million with the proceeds of the event.

“The above vehicle was delivered from G with the belief that it was in the amount of KRW 9 million at the market price.”

However, the Defendant had no property at the time of this case, and there was approximately KRW 30 million for existing debts, and thereafter there was no intention or ability to pay the vehicle price as promised even if he received the above vehicle by providing the above vehicle to a third party as collateral without the consent of the victim for the repayment of debts, such as borrowing KRW 3 million.

Accordingly, the defendant accused by deceiving the victim of the above vehicle.

2. On June 25, 2016, the Defendant is expected to return the principal to the victim G on a 15-day interest per 15%, if he/she lends only KRW 10 million to the Fund to be used at the Ulsan H event site, by calls from the victim G.

“Around the 28th day of the same month, at around 1.5 million won, 1.5 million won was detached and transferred to the post office account in the I’s name.

However, the Defendant was thought to use the above money to repay the Defendant’s debt rather than the Fund at the Ulsan H event site. At this time, the said festival event site had no property at this time, and there was no intention or ability to repay the money as promised even if it borrowed the above money with approximately KRW 30 million for existing debts.

Accordingly, the defendant deceivings the victim and defrauds 8.5 million won.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A protocol concerning the examination of suspect with regard to I;

1. A criminal investigation report and a criminal investigation report (the case, etc. at the time of the principal case of a witness);

1. The details of transactions of deposits and withdrawals;

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